As used in this article the following terms shall have the following
meanings:

"Profession of acupuncture" is the treating,
by means of mechanical, thermal or electrical stimulation
effected by the insertion of needles or by the application
of heat, pressure or electrical stimulation at a
point or combination of points on the surface of
the body predetermined on the basis of the theory
of the physiological interrelationship of body organs
with an associated point or combination of points
for diseases, disorders and dysfunctions of the body
for the purpose of achieving a therapeutic or prophylactic
effect.

Each acupuncturist licensed pursuant to this article,
shall advise each patient as to the importance of
consulting with a licensed physician regarding the
patient's condition and shall keep on file with the
patient's records, a form attesting to the patient's
notice of such advice. Such form shall be in duplicate,
one copy to be retained by the patient, signed and
dated by both the acupuncturist and the patient and
shall be prescribed in the following manner:

WE, THE UNDERSIGNED, DO AFFIRM THAT (THE PATIENT)
HAS BEEN ADVISED BY, (A LICENSED ACUPUNCTURIST),
TO CONSULT A PHYSICIAN REGARDING THE CONDITION OR
CONDITIONS FOR WHICH SUCH PATIENT SEEKS ACUPUNCTURE
TREATMENT.

___________________________
(Signature)

________________________
Date

___________________________
(Signature)

________________________
Date

"Board" is the state board for acupuncture as created by
section eighty-two hundred thirteen of this article.

Only a person licensed or authorized pursuant to section eighty-two
hundred fourteen of this article or certified pursuant to section eighty-two
hundred sixteen of this article shall practice acupuncture. Only a person
licensed pursuant to section eighty-two hundred fourteen of this article
shall use the title "licensed acupuncturist" and only a person
certified pursuant to section eighty-two hundred sixteen of this article
shall use the title "certified acupuncturist".

There is hereby established within the department a state
board for acupuncture. The board shall consist of not less
than eleven members to be appointed by the board of regents
on the recommendation of the commissioner for the purpose
of assisting the board of regents and the department on
matters of professional licensing and professional conduct
in accordance with section sixty-five hundred eight of
this chapter, four of whom shall be licensed acupuncturists,
four of whom shall be licensed physicians certified to
use acupuncture and three of whom shall be public members
representing the consumer and community. Of the acupuncturists
first appointed to the board, one may be a registered specialist's
assistant-acupuncture provided that the term of such registered
specialist's assistant-acupuncture shall not be more than
four years. Of the members first appointed, three shall
be appointed for a one year term, three shall be appointed
for a two year term and three shall be appointed for a
three year term, and two shall be appointed for a four
year term. Thereafter all members shall serve for five
year terms. In the event that more than eleven members
are appointed, a majority of the additional members shall
be licensed acupuncturists. The members of the board shall
select one of themselves as chairman to serve for a one
year term.

An executive secretary to the board shall be appointed by the board
of regents on recommendation of the commissioner.

The board of regents and the commissioner shall promulgate such rules
and regulations as they deem necessary and appropriate to effectuate
the provisions of this article.

To qualify for a license as a licensed acupuncturist an applicant shall
fulfill the following requirements.

Application: file an application with the department;

Education: provide evidence of satisfactory completion of a course
of formal study or its substantial equivalent in accordance with the
commissioner's regulations;

Experience: have experience in accordance with the commissioner's
regulations;

Examination: pass an examination satisfactory to the board and in
accordance with the commissioner's regulations. Such examination shall
be given at least once within twelve months of the effective date of
this article, and at least once annually thereafter, and shall consist
of both written and practical parts. Either part may be given at the
discretion of the department in English and/or Chinese or other language.
Nothing in this subdivision is to be construed to require the department
to issue an exam in a language other than English. The practical part
of the exam must be directly administered by an acupuncturist acceptable
to the department, who may also be a member of the board. The cost
of the initial examination or reexamination shall be borne by the applicant
in accordance with a schedule established by the department and approved
by the director of the budget;

Age: be at least twenty-one years of age;

Character: be of good moral character as determined by the department;

Fees: pay a fee of five hundred dollars to the department for initial
licensure, and a fee of two hundred fifty dollars for each triennial
registration;

Registration: if a license is granted, register triennially with
the department, including present home and business address and such
other pertinent information as the department requires.

The department shall issue a limited permit to an applicant
who meets all requirements for admission to the licensing
examination;

All practice under a limited permit shall be under the supervision
of a licensed or certified acupuncturist in a public hospital, an incorporated
hospital or clinic, a licensed proprietary hospital, a licensed nursing
home, a public health agency, the office of a licensed or certified
acupuncturist or in the civil service of the federal or state government;

Limited permits shall be for one year and may be renewed at the discretion
of the department for one additional year;

Supervision of a permittee by a licensed or certified acupuncturist
shall be on-site supervision and not necessarily direct personal supervision;

No practitioner shall supervise more than one permittee;

The fee for each limited permit and for each renewal shall be determined
by the department.

A person who is validly registered as a "specialist's
assistant-acupuncture" in accordance with section
sixty-five hundred forty-one of this chapter and the commissioner's
regulations shall not be subject to the provisions of this
article;

Any person who is validly licensed under the provisions of the former
chapter nine hundred fifty-nine of the laws of nineteen hundred seventy-four
is deemed to be licensed pursuant to this article;

Any person who is validly certified under the provisions of the former
chapter nine hundred fifty-nine of the laws of nineteen hundred seventy-four
shall continue to be certified to practice acupuncture and may continue
to use the title certified acupuncturist. The department may establish
rules and regulations providing for the certification of physicians
and dentists as acupuncturists, provided that such certified acupuncturists
do not represent themselves as licensed acupuncturists. Certified acupuncturists
seeking to become licensed acupuncturists shall be subject to all provisions
of this article;

A person who does not otherwise possess the credentials or qualifications
required for the practice of acupuncture prescribed by this article
or the regulations promulgated hereunder or any other law but who is
authorized by the division of alcoholism and alcohol abuse, the division
of substance abuse services, or the department of health to provide
treatment for alcoholism, substance dependence, or chemical dependency
in a hospital or clinical program which has been approved for such
treatment by the division of alcoholism and alcohol abuse, the division
of substance abuse services, or the department of health and who has
been trained to practice acupuncture for the treatment of alcoholism,
substance dependence, or chemical dependency through an educational
program acceptable to the education department may nevertheless practice
acupuncture provided such practice is limited to the treatment of alcoholism,
substance dependence, or chemical dependency in such clinical or hospital
programs, or in a program that if statutorily exempt from such approval
meets standards approved by the division of alcoholism and alcohol
abuse, the division of substance abuse services, or the department
of health, and further provided that such practice is done in accordance
with regulations promulgated by the division of alcoholism and alcohol
abuse, the division of substance abuse services, or the department
of health. Such person shall work only under the general supervision
of a physician or dentist certified to practice acupuncture or an individual
licensed to practice acupuncture in the state of New York pursuant
to this article. Notwithstanding any other law, rule or regulation
to the contrary, persons authorized on or before the effective date
of this article to practice acupuncture for the treatment of alcoholism,
substance dependence, or chemical dependency within a hospital or clinical
program which has been approved for such treatment by the division
of alcoholism and alcohol abuse, the division of substance abuse services,
or the department of health may nevertheless continue to practice acupuncture
under the provisions of this subdivision;

Any person who is pursuing qualification for licensure through a
course of formal study pursuant to this article may practice acupuncture
without a license, provided such practice is limited to such study;

Any person who has completed a formal course of study or a tutorial
apprenticeship acceptable to the department and in accordance with
the commissioner's regulations, prior to the effective date of this
article, and presents satisfactory proof of such completion, shall
be exempt from the education requirements set forth in subdivision
two of section eighty-two hundred fourteen of this article provided
an application pursuant to subdivision one of section eighty-two hundred
fourteen of this article is filed with the department not later than
one year from the effective date of this article, and in no event shall
participation in such tutorial apprenticeship or formal course of study
constitute a violation of this chapter.

Any person who is pursuing qualification for certification through
a formal course of study in a registered program and any person appointed
to the faculty of such program may practice acupuncture without a license,
provided that such practice is limited to such research, study and
training.